Memorandum

City of Lawrence

Legal Department

TO:	David L. Corliss, City Manager
FROM:	Toni Ramirez Wheeler, Director of Legal Services
CC:	Gary Gutsch, Lawrence-Douglas County Fire & Medical
Date:	March 13, 2009
RE:	Firefighters Relief Act

The attached request was received from the Secretary/Treasurer of the Lawrence-Douglas County Fire and Medical Department.  Pursuant to K.S.A. 40-1706 (g) below, all expenditures from a firefighters’ relief association in excess of $1,500 must be certified to be in compliance with the Act, from the attorney designated by the Governing Body.  The Firefighters relief fund receives disbursements from the State Office of the Insurance Commissioner from proceeds of sales of insurance coverage for property against the hazard of fire.  Relief associations purchase insurance for coverage of firefighters while on duty.  Permissible disbursements are covered by K.A.R. 40-10-10 and include reasonable administrative expenses as determined by the commissioner of insurance.

K.S.A. 40-1706

(g)   The treasurer of a firefighters relief association shall give bond for the safekeeping of funds received under the firefighters relief act and for faithful performance in such sum with such sureties as may be approved by the governing body of such city, township, county or fire district. All the moneys so received shall be set apart and used by the firefighters relief association of such cities, townships, counties or fire districts solely and entirely for the objects and purposes of the firefighters relief act and shall be paid to and distributed by the firefighters relief associations of such cities, townships, counties or fire districts under such provisions as shall be made by the governing body thereof. All such expenditures or payments shall be subject to the continued availability of moneys distributed to the association from the tax imposed by K.S.A. 40-1703, and amendments thereto, in amounts sufficient for such expenditures. In all cases involving expenditures or payments in an amount of $1,500 or more prior certification shall be obtained from an attorney designated by the governing body of the city, township, county or fire district that such expenditure or payment complies with the requirements of the firefighters relief act.

Action Requested:

Pursuant to K.S.A. 40-1703, authorize the Director of Legal Services, Toni Ramirez Wheeler, to certify expenditures in excess of $1,500 by the Lawrence Firefighters Relief Association.